Hong-Kong (China)

5

No guarantee of rights

Same as last year

Workers' rights violations

Right to privacy

On 30 June 2020, China’s top legislature unanimously passed a new National Security Law for Hong Kong that entered into force in the territory the same day, just before midnight. Under the law, the authorities have at their disposal a broad range of powers with absolutely no checks and balances to ensure the rule of law, respect for fundamental rights and due process. Investigating authorities can, among other exorbitant powers, search properties, censor online content and engage in covert surveillance, including intercepting communications, all without a court order. The authorities can also require information from organisations and individuals, even if the information in question may be self-incriminating. Anyone failing to comply can be fined or imprisoned. The Hong Kong Police Force has already established a new national security division to conduct covert surveillance.


So far, 53 of the most prominent pro-democracy activists, including the chair of the Hong Kong Confederation of Trade Unions (HKCTU), Carol Ng, have been arrested in a massive police crackdown. Carol Ng was arrested at home on 6 January 2021 by the national security department for an alleged “attempt to subvert the state power” under the 2020 National Security Law. Winnie Yu, chair of Hospital Authority Employees Alliance (HAEA), was also arrested. The group stood accused of organising and participating in the primary elections for pro-democracy candidates in last year’s postponed elections. This was the largest political purge against the democrats since the enforcement of the National Security Law.

Right to civil liberties

Lee Cheuk-yan, general secretary of the independent Hong Kong Confederation of Trade Unions (HKCTU), was arrested on 28 February 2020 and charged with “unauthorised assembly” for taking part in anti-government protests demanding the withdrawal of the extradition bill and universal suffrage in 2019. While he was released on bail pending trial, Lee was again charged on 11 June 2020 for inciting others to take part in an unauthorised assembly on 4 June 2020 to commemorate the Tiananmen massacre in 1989, and on 6 August for the additional charge of organising and taking part in the unauthorised assembly together with 25 activists. Altogether, Lee was charged with nine counts over four unauthorised assemblies in 2019 and 2020.

After a four-week trial in March 2021, Lee Cheuk-yan, with six other activists, was found guilty and sentenced to eighteen months in prison. He still has six charges to face from custody in the May and June 2021.

Right to civil liberties

In Hong Kong, 53 of the most prominent pro-democracy activists, including the chair of the Hong Kong Confederation of Trade Unions (HKCTU), Carol Ng, have been arrested in a massive police crackdown. Carol Ng was arrested home on 6 January 2021 by the national security department for alleged “attempt to subvert the state power” under the 2020 National Security Law. Winnie Yu, chair of Hospital Authority Employees Alliance (HAEA), was also arrested. The group stood accused of organising and participating in the primary elections for pro-democracy candidates in last year’s postponed elections. This was the largest political purge against the democrats since the enforcement of the National Security Law.

Right to trade union activities

The Union for New Civil Servants, a Hong Kong civil servants union formed during the 2019 pro-democracy protests, was disbanded in January 2021. The decision came a day after the government set a four-week deadline for its workers to declare allegiance to the city and vow to uphold the Basic Law. The union chairman, Michael Ngan, announced that the group decided to dissolve in light of the impending loyalty pledge, which raised serious concerns about its members’ safety and could lead to the ousting of some of its members from the civil service.

Right to justice

On 30 June 2020, China’s top legislature unanimously passed a new National Security Law for Hong Kong, which criminalises virtually any act deemed as a threat to “national security" and provides for maximum penalties of life imprisonment. A year after, it was estimated that 97 Hong Kong rights activists had been arrested under the new law, eight of them being prosecuted. They faced spurious charges, such as money laundering, fraud and publishing seditious words.

In addition, another 10,200 people – 40% of them students – have been arrested in relation to the 2019 anti-extradition bill protests. In total, almost 2,450 have been prosecuted and judicial proceedings have been completed in more than 940 of these cases.

Right to collective bargaining

On 15 July 2020, Cathay Pacific informed the Hong Kong Aircrew Officers’ Association (AOA) and the Flight Attendants’ Union that the company would unilaterally terminate the trade union recognition agreement in October and would desist from engaging in collective bargaining, calling it “an old-fashioned practice”. On 22 October 2020, Cathay Pacific announced the closing down of its subsidiary Cathay Dragon and the immediate retrenchment 7,346 cabin crew and 2,613 pilots. Staff were forced to enter into cheaper employment contracts, slashing 40 to 60 per cent of their salary and benefits. In June 2020, Cathay Pacific had benefited from a HK$360 million (US$46 million) government bailout.

Dismissals for participating in strike action

On 28 July 2020, Hong Kong University fired law professor Benny Tai in relation to an alleged criminal conviction over his role in the 2014 pro-democracy protests. Mr Tai was one of the founders of the "umbrella protests" that called for greater democracy in Hong Kong. In 2019, a court sentenced him to 16 months in prison for “public nuisance”. He was granted bail in August 2019, pending an appeal. The university governing council's decision to dismiss Mr Tai went against a previous ruling by its senate, which said there were insufficient grounds to dismiss him. The decision “marks the end of academic freedom in Hong Kong,” Mr Tai said in a Facebook post.

Workers’ rights in law

All countries